HomeMy WebLinkAbout2004 02 23 Public Hearings 400
COMMISSION AGENDA
February 23, 2004
Meeting
Consent
Information
Public Hearin~ X
Re~ular
ITEM 400
MGR. rV /Dept.
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2003-32, a Small
Scale FLUM Amendment which changes the Future Land Use Map designation of two (2) parcels
located on the north side ofSR 419 at Wade from "Industrial" to "Commercial".
PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM
Amendment, changing the Future Land Use Map designation for two parcels located between SR
419 and Old Sanford/Oviedo Road from an "Industrial" to a "Commercial" Future Land Use
designation. The request promotes sound planning and provides safeguards to protect against
incompatible land uses which may impact adjacent or surrounding land uses.
These parcels include a portion of the Florida Power & Light Company easement and front onto SR
419 across from George Street and Deer Song residential areas. The existing zoning of "C-1
Neighborhood Commercial" provides a transition to the adjacent Industrial uses to the north from the
residential areas.
APPLICABLE LAW AND PUBLIC POLICY: (relating to Comprehensive Plan
Amendments)
Florida Statute 163.3174 (4).
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
(C) "Any local government comprehensive plan amendments directly related to proposed small scale
development activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan.. ."
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin2s Charter Section 4.15 Ordinances in General.
Winter Sprin2s Article III. Comprehensive Plan Amendments.
APPLICABLE LAW AND PUBLIC POLICY: (relating to the property's current use):
Florida Statute 380-04. Definition of development.
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February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
Florida Statute defines "Development as including the "making of any material change in the use or
appearance of any structure or land" including a "a change in the intensity of use of land" and
"deposit of refuse, solid or liquid waste, or fill on a parcel of land."
Winter Sprines Land Development Reeulations. (Chapter 9)
Winter Springs' Code requires any proposed "development" (as defined above) to submit a site plan
for City approval prior to development.
Winter Sprines Ordinance 619.
This ordinance, adopted on July 8, 1996, removed "Junkyards" as a permitted use from the City of
Winter Springs. Previously, "Junkyards had been permitted under Section 20-252 (24) of the 'C-2
General Commercial and Industrial' zoning district.
Winter Sprines Section 20-1. Definitions.
Winter Springs' Code defines "Junkyards" as "An open area where waste, used or secondhand
materials are bought, sold, exchanged, stored, baled, packed, assembled, or handled including but not
limited to scrap iron and other metals, paper, rubber tires, and bottles. A junkyard includes an
automobile wrecking yard."
Winter Sprines Section 13-2. Prohibitions.
Winter Springs' Code prohibits junkyards unless "lawfully situated and licensed for the same."
Winter Sprines Section 20-233. Nonconformine uses. (This portion of the code was amended by
the adoption ofOrdinance2003-36 on September 22, 2003 which regulates Non-conforming Uses
and Structures.) (b) ".. .no such nonconforming use may be extended to occupy a greater area ofland
than that occupied by such use a the time of the passage of this chapter. .."
BACKGROUND: On July 8,2002 the City Commission adopted Ordinance 2002-07
establishing a new zoning district called "1-1 Light Industrial", thus differentiating between "General
Commercial" and "Light Industrial" uses. In light of the new zoning district, the City began to
consider which properties with an "Industrial" Future Land Use might best fit under the "1-1 Light
Industrial" zoning. As part of this process, it was determined that the properties under consideration
although having a Future Land Use designation of "Industrial", had previously had a "Commercial"
Future Land Use designation; and that the subject properties have a "C-l Neighborhood
Commercial" zoning, rather than the "C-2 General Commercial" zoning found on the rest of the
parcels with the "Industrial" Future Land Use designation.
After extensive research into the history behind the current designations, it was determined that the
subject properties should retain their current (and historic) zoning of"C-l Neighborhood
Commercial", but that the Comprehensive Plan should be amended, changing the Future Land Use
Map back from "Industrial" to "Commercial". The following information summarizes Staffs
findings.
CHRONOLOGY:
1994- 419 Metal & Auto Recycling, Inc. started at 600 Old Sanford Oviedo Road (by Mr.
Bart Phillips).
Ordinance 619 adopted removing "Junkyards" as a permitted use in the City.
419 Metal & Auto Recycling, Inc. continues as a Non-Conforming use
Aerial Photo (see Attachment "C") illustrates the condition of the subject properties
prior to purchase.
March 2000- Bartholomew & Cynthia Phillips purchase subject properties at SR4l9 & Wade
Fall 2002- Photos illustrate the site's use as a "Junkyard"
July 23,2003- Property Owner Notified by Certified Mail of proposed Administrative Small Scale
July 8, 1996-
July 8, 1996-
1999-
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
Comprehensive Plan Amendment changing the Future Land Use
July 26,2003- Public Noticing of Local Planning Agency Public Hearing
Aug. 6, 2003- Planning and Zoning Board/LP A heard and made recommendation based on the data
presented at that time, regarding the request for Small Scale Comprehensive Plan
Amendment FLUM change
Sept. 2003- Photos illustrate the site's (continued) use for "Open Storage". "Open Storage" is not
permitted under "C-1" Zoning.
Sept. 2003- Property Owner cited by Code Enforcement for "Junkyard"
Sept. 14, 2003- Public Noticing of Public Hearing in Orlando Sentinel of Commission 1 st Reading
Sept.22, 2003-1 st Reading of Ordinance 2003-32 postponed to November 10, 2003
Nov. 10,2003-1 st Reading of Ordinance 2003-32
February 2004-Photos illustrate that the use off the site as a "Junkyard" is an expansion of 419
Metal & Auto Recycling Inc., a Non-Conforming business.
Feb. 3,2004- Property Owner Notified by mail of upcoming Commission Public Hearing for 2nd
Reading
Feb. 10, 2004- Signage posted, noticing upcoming Commission Public Hearing
Feb. 12, 2004- Public Noticing in Orlando Sentinel (display ad) for 2nd and Final Reading
Feb. 23,2004- Request to Commission for 2nd Reading and Adoption of Ordinance 2003-32
Feb 23, 2004- Code Enforcement waiting for Commission to act on the Future Land Use
Amendment and will proceed at the Commission's direction.
CONSIDERA TIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Phillips, Bartholomew D. (since March 2000)
Parcel Numbers - 34-20-30-5A W -0000-0340 & 34-20-30-5A W -0000-0330
Acreage - 9.04 Acres
General Location - No physical address. Located on the north side of SR 419 on both sides of
Wade.
Legal Description - LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS
ADD NO 2 PB 5 PG 9
Existing Land Use - Primary use- Open Stroage including transfer and storage site for junk vehicles
(including tractor trailers) and scrap metal, associated with Mr. Phillips' 419 Metal & Auto
Recycling, Inc. business.
Note: Junkvards in the City:
Open outdoor storage (junkyards) are not permitted under 'C-l' Zoning (and never have
been). Junkyards were removed from the list of permitted uses under the "C-2 General
Commercial and Industrial" zoning district in 1996. The result was thatjunkyards were
no longer permitted anywhere in the City, except as a non-conforming use.
However, with the adoption of the "1-1 Light Industrial" zoning district in July 2002, "light
manufacturing, processing and assembly, including recycling of non-hazardous materials" and
"automotive storage and other kinds of storage yards of non-hazardous materials" were included
as permitted uses. Under the current "1-1" zoning, 419 Metal & Auto Recycling Inc. could be
considered a permitted use; however, because it still retains the "C-2" zoning it remains a non-
conforming use in the City.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
Note: Non-Conforming Uses and Expansion of Non-Conforming Uses in the City:
On September 22, 2003, the City adopted Ordinance 2003-36, regulating Non-
Conforming Uses and Structures. Prior to the adoption ofthis Ordinance, Winter
Springs Code, Section 20-233 (b) stated that "no such non-conforming use may be
extended to occupy a greater area of land than that occupied by such use at the time of
the passage of this chapter. .." Non-Conforming uses are not allowed anyon-site
expansion. Mr. Phillips' 419 Metal & Auto Recycling, Inc. business, located at 600 Old
Sanford Oviedo Road in Winter Springs, is a nonconforming use (and has been since
1996) under the City's 'C-2' Zoning.
The unregulated offsite expansion of this business into a "C-l Neighborhood
Commercial" zoning district is a violation of both Winter Springs Code of Ordinances,
Chapter 20, Zoning and Chapter 9, Land Development. Aerial photography from 1999
(prior to Mr. Phillips' purchase of this property) show the site as open land with the
FP&L Easement. Photos taken at the site over the last year, appear to indicate that Mr.
Phillip's use of the site for storage of junk vehicles and scrap metal has expanded and is
being utilized as a transfer site, despite being cited by Code Enforcement in September
2003.
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Existing Land Use - Secondary use- FP&L Easement - Power lines.
Note: FP&L Easement in the City:
The FP&L Easement transverses the City through numerous zoning districts and future
land use designations. The City's Comprehensive Plan adopted in 1992, illustrates the
FP&L Easement much as a street is illustrated, in other words, without any future land
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
use designation. However, the color 1994 Future Land Use Map shows the easement
with a variety ofland uses dependent upon the adjacent properties which it passes
through. Throughout the City the FP&L easement is the primary use and only use,
resulting in open corridor of land. Some communities, such as Lake Mary, have utilized
this corridor for trails and other transportation enhancements. It is important that the City
not condone the continued use of the subject properties as ajunkyard and allow this to
become a precedent for other parts of the City.
Note: Taxable Land Value of the FP&L Easement in the City:
The property appraiser's office values the land occupied for the easement at $1 OO/acre,
the same throughout the City (independent of its Future Land Use or Zoning
classification) because (according to the tax appraiser's office) "the easement is
considered non-usable land". Generally, the portion of the parcel with the easement is
valued at one rate with the remainder of the land value calculated at the prevailing rate
for the zoning designation. For example, the parcels immediately to the east of the
subject properties have several land value rates applied. The subject properties,
however, have been valued as if the whole 9.04 acres were non-usable land occupied by
the easement, when in fact the easement occupies less than half of the total acreage.
Applying the adjusted land value to the subject properties, results in properties valued at
$178, 106 rather than the current valuation of $904.
Basically, Mr. Phillips has been using this property over the past several years as an
extension of his multi-million dollar scrap metal recycling business, tax free (i.e. $17 tax
for 2003). This has resulted in thousands of dollars in tax savings, while generating
multiples of that in revenue.
Constraints on the Property because of FP&L Easement.
Mr. Brian Gorham of FP&L indicated to me that no buildings, structures or walls can be erected
under an FP&L easement, and vegetation has a height limit of 12 feet. Fences are permitted. In
most cases the easement is required to remain open, however some property owners have an
agreement in place allowing certain uses. Mr. Gorham indicated that Mr. Phillips has no such
agreement with FP&L and that FP&L has a problem with use of the site for storage of junk
vehicles and/or scrap metal.
Historic Use of the Site.
Although the property owner indicated in his testimony to the Commission on September 22,
2003, that the site has been used for storage of vehicles for the last ten years, aerial photography
from 1999 (see Attachment "C", illustrates the site (prior to his purchase of it) as vacant except
for the FP&L easement. Although it is difficult to judge from the photo whether the site was free
of any vehicle storage, it is clear from photographs taken over the last year and a half, that Mr.
Phillips' use of this site as ajunkyard and as an extension to his non-conforming business has
increased substantially, despite being cited by Code Enforcement in September 2003.'
Mr. Phillips, in purchasing the land made the incorrect assumption that the property could be
used for outdoor storage.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
Existing Land Uses Zoning FLUM
I I I
Subject Site Junk Storage C-I (WS) Industrial (WS)
and FP &L Easement
.M___________._._.....__. ______.R___.__________.__. -.-_.___.______._n__R___._.M
North Industrial C-2 (WS) Industrial (WS)
----'--.---- ___________M___....___..._.._...__...._.. .-..,..,..,---...----..-------...-....,--.-..--.-.- .....----..--.--.-----.........-."-.-.-..-....-.."-............--.......
South Single Family Residential R-I (WS) Moderate Density
-- -------.---.---.----....-.----......... ..---.....--------.-----.--.-- ._.~~~,~~~~t.~~!.(~~)____.____
East Access for New C-I (WS) & Public/Semi-Public (WS)
Elementary School "I" site
and FP &L Easement A-I (SC) Agricultural (SC)
---------------- ._-_._--_._---_.__.__._~----_. .--.--.-..-...-----..,.........-.--...-.....-....-..---
West Light Industrial C.2 (WS) Industrial (WS)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The request for a Future Land Use change is by the City as an administrative
action. The purpose ofthe request is to make the parcel's FLU consistent with the planning objectives
for the S.R. 419 corridor and with the intent of the current zoning classification.
No development proposals have been submitted by the land owner for the (non-permitted) current use
nor has application been made for any alternative or additional use.
Proposed Future Land Use Classification - The proposed Comprehensive Plan amendment changes the
Future Land Use Map designation from Winter Springs "Industrial" to Winter Springs "Commercial".
Letters/Phone Calls In Favor Or Opposition - A complaint was received from Sharon Gillette and
Larry Golden of 41 00 S.R. 419 a nearby resident, indicating that their sleep was interrupted and their
house shaken on several occasions from activity at odd hours of the night. (Also see Attachment J)
Mr. Bart Phillips, owner of the property, is opposed to this action, because he wishes to continue
using the site for industrial purposes which are not permitted in the "C-l Neighborhood
Commercial" zoning district and as an extension of his 419 Metal & Auto Recycling, Inc. business
located at 600 Old Sanford Oviedo Road.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
Justification for Future Land Use Designation - The requested future land use map designation has
been determined by evaluating the prevailing character of the area around the subject property, as
well as evaluating the current zoning, land use and the future goals and objectives of the City.
Policy 1.5.10 indicates that "lands designated 'Industrial' on the Future Land Use Map shall also serve as an
area to locate authorized land uses and activities which could have adverse secondary effects (e,g. increased
crime; neighborhood deterioration and blight; property devaluation; economic deterioration; health risks;
and other adverse effects) on residential areas, religious institutions, schools, parks, day care centers, and
other public institutions located within the City."
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
The S.R. 419 corridor is an important gateway into the City and not a location for properties with
"adverse secondary effects". The existing "Industrial" designation is not appropriate given the site's
proximity to two established residential neighborhoods across S.R. 419, the new Layer Elementary
School to the east, and the potential for future neighborhood commercial uses along the corridor.
The existing "C-l Neighborhood Commercial" zoning provides a transition to the adjacent industrial
uses to the north from the residential areas.
The adjacent industrial park to the northwest (although developed in light industrial uses) does not
compromise the integrity of the S.R. 419 corridor. The lots are deeper with buildings which front
onto S.R. 419 and with uses internal to the buildings. Outside storage, if any, is minimal and
buffered by the buildings that face onto S .R. 419. Most importantly, the industrial park is a
transitional use to the adjacent land uses, including heavier industrial to the north and east, and
undeveloped commercial property to the west, across S.R. 419. The industrial park is not adjacent to
any residential.
Public Facilities - The proposed future land use map designation change will not impact public
facilities and services because there is no associated development being proposed.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the Small Scale
Comprehensive Plan Amendment is to apply a Winter Springs future land use designation that is
compatible with the surrounding uses.
The current usage of the site for storage of non-operable vehicles has proven to be an eyesore and
also a noise nuisance as these vehicles are loaded onto trucks at odd hours. The current (non-
permitted) use is a nuisance to the surrounding land uses particularly to the south.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan -
The City's 1990 Comprehensive Plan Future Land Use Map (adopted April 27, 1992) illustrates the
FP&L easement without designation (throughout the City) and illustrates the remainder of these two
parcels as "Commercial". However, because the remainder ofthe parcels is only a sliver ofland along
S.R. 419, and because the pattern for "Commercial" is so similar to that utilized for "Industrial", thje
"Commercial" designation could have easily been mistaken as "Industrial" (see Attachment "D") when
the map was updated to a color map in 1994. Despite searching through the records, Staffhas not found
any documentation addressing a change in future land use for these parcels. Staffbelieves a scrivener's
error occurred during the conversion from the 1992 black and white map to a color map in 1994.
Another change illustrated on the 1994 color map is a future land use designation for the FP&L
easement. The 1994 color map illustrates the FP&L easement on these two parcels and the sliver of
adjacent land all with a future land use designation of "Industrial" (see Attachment "E").
The proposed Comprehensive Plan amendment changing the Future Land Use Map designation from
Winter Springs "Industrial" to Winter Springs "Commercial" will make the parcels' FLUM consistent
with planning objectives derived for the area from the Planning & Zoning Board's Visioning Workshops
and consistent with the intent of the current "C-l Neighborhood Commercial" zoning.
The change in the future land use to "Commercial" is consistent with the character of the S.R.419
corridor and reinforces the goals and objectives of the City's Comprehensive Plan,
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
FINDINGS: The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan as identified above.
The request is in conformance with the purpose and intent of the City Code and with all applicable
requirements.
Considering the type and location of current uses involved and the general character ofthe area, the
request does not result in creating incompatible land uses, including such factors as height, bulk,
scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important, and in fact reduces the potential of such nuisances in the future.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of August 6,2003, the City of Winter Springs Planning & Zoning
Board (LP A) heard Staff s request to adopt a Small Scale FLUM Amendment changing the Future
Land Use Map designation of two parcels located on the north side ofSR 419 at Wade from
"Industrial" (City of Winter Springs) to "Commercial" (City of Winter Springs) and voted to
Recommend Denial ofthe Future Land Use change requesting that the property remain with an
"Industrial" FLUM. The P&Z / LP A's decision was based primarily on the testimony of the property
owner. Mr. Phillips presented a case before the LP A where he demonstrated to the Board that the
FP&L easement (because of building restrictions under the power lines) was unusable except for
outdoor storage. Mr. Phillips' case swayed the board to empathize with his property rights.
Subsequent Visioning Workshops held with the Planning & Zoning Board in October and November
2003 resulted in the P&Z recommending that Junkyards not be a permitted use in any of the zoning
districts and the "I-l Light Industrial District" to require that "all uses shall be maintained within an
enclosed permanent building with any outside storage located behind an eight-foot masonry wall
with an opaque gate to screen such storage areas from public right-of-ways and abutting properties."
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading / Adoption
of Ordinance 2003-32, adopting a Small Scale Comprehensive Plan Amendment changing the Future
Land Use Map designation of two (2) parcels located between SR 419 and Old Sanford/Oviedo Road
from "Industrial" to "Commercial".
ATTACHMENTS:
A. Planning & Zoning Board/LP A Minutes from August 6, 2003
B. Commission Minutes from September 22,2003 and November 10,2003
C. Aerial Photo (color), 1999
D. Future Land Use Map (black & white), adopted April 27, 1992.
E. Future Land Use Map (color), November 1994
F. Future Land Use Map (color), November 2003
G. Zoning Map (black & white), June 1994
H. Official Zoning Map (color), November 2003
I. Photos (color): Lake Mary / Winter Springs
J. Police Report of Offense- Jan. 29,2004
K. Ordinance 2003-32 including Map & Legal Description
COMMISSION ACTION:
"
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February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A
Excerpt from Planning & Zoning Board/LP A Minutes
August 6, 2003
PUBLIC HEARINGS
B. Small Scale Land Use Amendment - Between State Road 419 And Old Sanford Oviedo
Road From Industrial To Commercial, Equaling 9.04 Acres.
Ms. Sahlstrom presented the Agenda Item.
Chairman Brown opened the "Public Input" portion of this Agenda Item.
Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: requested the Land Use remain "Industrial".
Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: addressed the Board and stated,
"For people that might be living in Deer Song, I am sure they appreciate the buffer they have between
the Industrial Center and their Property."
The "Public Input" portion of this Agenda Item was closed.
Discussion.
"BETWEEN STATE ROAD 419 AND THE OLD SANFORD OVIEDO ROAD, FROM
INDUSTRIAL TO COMMERCIAL - I RECOMMEND THAT THIS BOARD NOT MAKE
THAT RECOMMENDATION. LET US LEAVE THAT AS INDUSTRIAL AS IT CURRENTLY
IS, BECAUSE I UNDERSTAND NOT ONLY HIS POSITION BUT I ALSO LOOK AT THE
AREA AND KNOW WHAT USES IT CAN BE USED FOR- SO I WOULD LIKE TO KEEP IT
JUST LIKE IT IS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE
CHAIRPERSON KREBS. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
Excerpts from Commission Minutes
September 22, 2003
PUBLIC HEARINGS
407. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-32
Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of
Two (2) Parcels Located Between State Road 419 And Old Sanford/Oviedo Road From "Industrial"
To "Commercial".
"MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE (STATED WHILE STANDING AT THE ENTRANCE TO
THE COMMISSION CHAMBERS)
MOTION CARRIED.
Attorney Garganese read Ordinance Number 2003-32 by 'Title' only.
Ms. Sahlstrom gave a brief synopsis of this Ordinance and related Agenda Item.
Commissioner Blake returned to the Commission Chambers at 8:56 p.m.
Discussion.
Commissioner McLeod inquired of Ms. Sahlstrom, "Has the Zoning changed on that since the time of
'Industrial' - one of them must have changed at one point." With discussion, Ms. Sahlstrom stated,
"Staff would like to see this moved forward from the First Reading tonight, but I am also happy to
investigate your question of when this did become 'C-l,' if! am able to find it in our Ordinances."
Commissioner McLeod added, "I would like to know when the two (2) overlays - what happened, and
was it 'Industrial' - when did we end up with 'C-l' or was it all that 'C-l' at one time and we only
carved out certain areas for the 'Industrial?' Was it really intended to stay as a 'C-l' or a 'C-2' and not
to be 'Industrial?'" Ms. Sahlstrom added, "I can see what I can find out."
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr. Tom Harbert, Mateer & Harbert, P.A., Post Office Box 2854, Orlando, Florida: as the
representative for Mr. Bart Phillips - the Property Owner, Mr. Harbert voiced their objection.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
Excerpts from Commission Minutes
September 22, 2003
Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: remarked about this property and the
parking of vehicles in the Easement. Mr. Phillips noted that "I would like to work with this City to leave
the Buffer there and whatever is necessary to buffer myself from [County Road) 419." Mr. Phillips
added, "I don't have any problems putting up a wall, and for the future, what I would like to do is have
outside storage for people's boats and RV's and automobiles that they are not allowed to park at their
homes."
The "Public Input" portion of this Agenda Item was closed.
Commissioner Blake stated, "I would be real interested to see what the research would show - not so
much on the 'C-l,' but on the Land Use. What the original Comp [Comprehensive) Plan said for this
area and what any Amendments thus far, have shown - whether or not it was a Scrivener's error."
Furthermore, Commissioner Blake stated, "It may not be 'C-l' either, it might be a 'C-2' use, and that is
something I think we could probably investigate." Commissioner Blake then asked Attorney Garganese
about changes to the Comprehensive Plan and stated, "That would be something we would want to know
also I think, in terms of going through this process." Commissioner Blake added, "I think we need more
information to determine where we really are starting, and then we can try to get to where we need to
be."
"I WILL MAKE A MOTION TO TABLE - ORDINANCE 2003-32." MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Mayor Bush stated, "Once the information is available, then the [City] Manager will decide when to put
it back on - when the Commission has got their questions answered."
Discussion ensued on advertising.
"I WOULD LIKE TO MAKE A MOTION WE TAKE - ORDINANCE 2003-32 OFF THE
TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
Excerpts from Commission Minutes
September 22, 2003
VOTE:
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
"I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE FIRST READING
OF ORDINANCE 2003-32 TO NOVEMBER 10TH, 2003." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
COMMISSIONER McLEOD STATED THAT ON NOVEMBER 10TH, 2003, "I WOULD NOT
BE HERE TO DISCUSS THIS."
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - NOVEMBER 10, 2003
PAGE 10 OF 22
Plt"BLIC HEARINGS
402. Community Development Department - Planning Division
Requests The City Commission Postpone To Date Certain (February 23, 2004) A
Public HeAl'ing For First Reading Of Ordinance 2003-32 Adopting A Small Scale
FLUl"I [Futnre, Land Use :Map] Amendment Changing The Future L:md Use Map
Designation Of Two (2) Parcels Located Between State Road 419 And Old
Sanford/Oviedo Road From "Industrial" To "Commercial"
":MOTION TO POSTPONE." MOTION BY COMMISSIO!\TER MARTINEZ.
l\10TION DIED FOR LACK OF A SECOND.
Discussion ensued on a possible Moratorililll.
"l\10TION TO READ BY 'TITLE' O~TL Y." lVIOTION BY COMlVIISSIONER
l\'lARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COl\1MISSIONER McGINNIS: AYE
COl\Ll\lISSIONER MARTINEZ: AYE
COMl\lISSIONER BLAKE: AYE
DEPUTY MAYOR l\fiLLER: AYE
l\10TION CARRIED.
Attomey Garganese read the Ordinance by "Title" only.
\Vith discussion, Deputy Mayor Robert S. Miller asked about whether this propeliy could
be developed as "IndustriaL" Attomey Gm:ganese added, "On this parcel, if the
Commission changes the designation to 'Conunercial' then this property owner would be
required to develop 'C-I Neighborhood Conullercial' uses. They would not be allowed
to develop 'Industrial. '" Deputy Mayor l'vliller added, "As long as we are doing
everything possible to establish some kind of a benchmark that would provide us some
degree of comfort that somebody wouldn't go in there and make an application to
develop it as 'IndustriaL'"
l\1ayo1' Bush opened the "Public Input" portion of this Agenda Item.
Afr. Bar! Phillips, 7220 Lake Flay Circle, Orlando, Florida: as the owner of the
prop eliy , Mr. Philips said to the City Commission - "This propelty here - I understand
you guys are trying to stop any type of development - I have no plans for developing it at
tIus present time - I can give you my word there will not be anything filed until after
Febl1lary 23rd."
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
CITY OF WINTER SPRINGS
MINUTES
CITY COmnSSION
REGULAR MEETING - NOVEMBER 10, 2003
PAGE 11 OF 22
111'. Phillips then added, "So you have nothing to won)' about until the 23m - I can give
you my word on the 23rd of Febmary - there are 110 plans for any type of 'Industrial'
Development until we discuss and work it out and see what we are going to do,"
Deputy Mayor Miller staJed, "I would just like to point out that we have 'Residential'
right across the street - that is a concern to us."
M1'. Phillips then said, "It has a beautiful tree line - it would be nice to keep the tree line
there, and I think \ve could find a compromise - \ve were talking about walls - I know the
School doesn't \-vant to put up walls, but I'll put up a wall- I don't care how high. Need
it ten feet (10'), I \vill put it at ten feet (10'), but I will leave the tree line there, because
that is what. makes the area nice, and that's my decision."
1\11ayor Bush closed the "Public Input 1.' portion of this Agenda Item.
"I 'VOULD LIKE TO l\1.A.KE A MOTION TO l\10VE ORDINANCE 2003-32 TO
SECOND READING," l\10TION BY COMl\lISSIONER MARTINEZ.
SECOi\TJ>ED BY DEPUTY MAYOR l\fiLLER. DISCUSSION.
VOTE:
COl\1l\1JSSIOl\'ER lVkGINNIS: AYE
DEPUTY MAYOR l\fiLLER: AYE
COMMISSIONER BLAKE: A '-'E
COMMISSIONER MARTINEZ: AYE
l\10TION CARRIED.
February 23, 2004 G AGENDA ITEM 400
PUBLIC HEARIN
ATTACHMENT C
Aerial Photo, 1999
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT D
Future Land Use Map, adopted April 27, 1992
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February 23, 2004 AGENDA ITEM 400
PUBLIC HEARING
ATTACHMENT E
Future Land Use ~;~
November
t.
LAND USE
CLASSIFICATION
LEGEND
Rustic . I
Residentl8
(1 DU/Al:r9D1'I_>
Lower D~slly
Residentl81
(1.1 DU., a.s DU I AcnI]
Mod9ra~ Density
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Medium ~nslty
Residential
(8.8 DU ., 8.0 DU I AIm)
I.~----' Higher Density
I Residential
L. . I (8.1 DU., 12.0 DUIlyI AcnI]
Urban Dans
Residential
(12.1 DU., 21.0 DU/AcnI]
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- Commercial
Industrial
- Mixed Use
Recreation
:~I Conservation
l t ~! Public Buildings
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT F
Future Land Use Map
November 2003
LAND USE CLASSIFICATION LEGEND
. ComlllQrclal
Ruotic
R90klcmtlal
(1 OJ I A(No Of ....)
Lower D9n oily
R90klentlal
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February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT G
Zoning Map, June 1994
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February 23,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT H
Official Zoning Map, November 2003
ZONING CLASSIFICATION LEGEND
0,":1 R-3
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R-]
(Miaimum liMO sq. ft. bt)
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C-l
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(Miaiamm I <<Jllolct)
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(Miaimum I o:ct'let)
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(lodudriAl)
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(PbD.Drd Uml De\'c1cpmeut)
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(Gmc''''''''l' .....dl""&. DUtrict)
D T-C
(TODU CmttT 1Jis:1rict)
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT I
Photos
Lake Mary, Fall 2003
Winter Springs, Fall 2003
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT J
Police Report of Offense- Jan. 29,2004
OFFENSE INCIDENT REPORT
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oN 01-29-041 RESPONDED TO, 4100 $T.o. TE:ROAD 419 IN REFERENCE TO A NOISE DISTURBANCE,. UPON MYARRIVA\.: ,I MET'
WiTH THE'REPOFniNG PERSON. SHARON BEVERLY GII.t:ETfE. ' . ". ,"
SHARON ADVISED ME THAT THE ~JOISE FROM THE INDUSTRIAL AREA ACROSS THE STFlEET FROM HER RESIDENCE IS
SHAKING HER HOUSE. SHARON ADVISED r'.1E THAT THE PROPERTY IS NOT ZONED FOR THIS TYPE OF NOISE.
AS THE TRAFFIC ON STATE ROAD 410 CLEARED I COULD HEAR VERY LOUD CRASHES CO~IIING FROM THE INDUSTRIAL AREA
OF STATE ROAD 419.
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I DROVE ACROSS THE S rREET AND NOTICED A FRONT END LOADER WITH A MAGNET ATTACHED TO IT PICKING UP P.ECES
OF METAL WITH THE MAGNET AND DROPPING THEM INTO A METAL BOX CAR
THIS REPORT IS FOR INFORMATiON P"URPOSES ONt Y. THERE IS NO rURTHER INFORMATION TO REPORT A'r THIS T!T,IE
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February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALEFLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING T""O (2) PARCELS
TOTALING 9'()4 ACRES MORE OR LESS AND LOCATED
BETWEEN STA TE ROAD 419 AND OLD SANFORD/OVIEDO
ROAD IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" A TT ACHED HERETO FROM
"INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORA T[ON INTO THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the future land use map amenchnent embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
1 63.3 I 87(1 )(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on August 6,2003, in accordance with the procedures in Chapter 163, Part II, Florida
Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
City of Wi ntcr Springs
Ordinancc No. 2003-32
Page I of 4
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
Recitals.
The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2.
Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3.
Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan,
Section 4.
Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the
real property depicted on Exhibit "A" from "Industrial" to "ColTunercial." Exhibit "A" is attached
hereto and fully incorporated herein by this reference.
Section 5.
Transmittal to the Department of Community Affairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3 I 87(1)(c)(4), Florida Statutes, ancl Section 9J-ll, Florida Administrative Code.
Ciry ofWinrcr Springs
Ordinance No. 2003-32
Page 2 of 4
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Conunission, or paJts ofprior ordinances
and resolutions in confLict herewith, are hereby repealed to the extent of the conflict..
Section 7.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 8.
Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Arnendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3] 87(3)(c): unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Arnenchnent is in compliance. No developrnent orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
City ofWinlcr Springs
Ordinance No. 2003-32
Page -' of 4
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs' Comprehensive Plan. as arnended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the __ day of
,2003.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficienq for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: _
Second Reading:
Effective Date:
G:\D(K's\City of WinK'.r Springs\OrdiltaIKcs\Small Scak FLUM2003-32.wpd
City orWinter Springs
Ordinance No. 2003-32
Page 4 or 4
February 23,2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
EXHIBIT" A"
LOCATION MAP
Q
Z
Q
~
'Z
LEGAL DESCRIPTION
LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35
ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9.
February 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT K
ORDINANCE 2003-32
EXHIBIT" A"
LOCATION MAP
z
Q
Z
Gl
1]
~
LEGAL DESCRIPTION
LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35
ENTZMINGER FARMS ADDITION NO.2, PLAT BOOK 5, PAGE 9.
.. .
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager ~
FROM:
DATE:
February 23,2004
SUBJ:
Public Hearing Agenda Item Number 400
A number of issues surrounding this matter are making it appear far more complex than it
IS.
The purpose of this agenda item is to correct a map error that occurred in 1994, which
improperly represented that the property in question had an underlying land use
designation of industrial rather than the correct underlying land use of commercial.
1992 When the Commission adopted its comprehensive plan in 1992 the comprehensive
plan provided the property in question an underlying land use of commercial and a
zoning category of C-I.
1994 In 1994 a land use map incorrectly provided the land in question an underlying
land use of industrial and a zoning category of C-l.
There is not action on record on the part of the elected official of the City of Winter
Springs indicating any authority to change the underlying land use from commercial to
industrial.
Additionally, as included in your agenda item Comp Plan Policy 1.5.10 an action to
change the future land use of the subject property to industrial would be inconsistent with
this policy.
Therefore, the question for the Commission tonight is whether it desires to correct the
map error or not.
. It is understood that Mr. Phillips is contemplating certain development activities that may
require a zoning category other than C-l.
." -, ,....~..
However, the appropriate procedure for that to happen is as follows:
1. The Commission to correct the map error. .
2. After the map error is corrected for Mr. Phillips to file an appropriate application
with the Commission to change the zoning from C-l to whatever zoning change
he needs to accommodate his development plans for deliberation by the
Commission on the merits of the development plans.
/jp
022304 Public Hearing Agenda Item 400 Zoning Correction